CHARLESTON, W.Va. — There was a lot of drama in the House of Delegates today over a bill that wound up passing 95-1.
The House was considering a bill to exempt military pensions from the state personal income tax. That issue wasn’t controversial. Almost everybody was for it.
But two members of the House, Democrat Isaac Sponaugle and Republican Michael Folk, offered amendments that would have expanded the exemptions to other retirement incomes.
House Speaker Tim Armstead ruled that the amendments weren’t germane to the original bill.
Sponaugle and Folk each questioned the ruling. As Armstead held his ground, Folk issued an official challenge.
Republicans immediately called for a recess and went as a group to a separate room to caucus. Democrats also caucused.
When each returned, Armstead left the podium and took to the floor to explain his ruling.
“If we go down the road of deciding germane-ness based on whether we like it or don’t like it we are setting ourselves up for chaos,” Armstead, R-Kanawha, told his fellow delegates.
Folk said he had never before issued a formal challenge to any Speaker’s ruling, but said he continued to believe his amendment related enough to the original bill to be considered for a vote.
“I’ve never challenged a ruling of either a Democratic speaker or a Republican speaker. I seek consistency,” said Folk, R-Berkeley.
Sponaugle, D-Pendleton, said that although he had not issued his own challenge, he continued to believe his amendment should be considered too.
“When the gentleman from Berkeley decided to challenge, I agree with him. It’s germane,” Sponaugle said.
He added, “The rules are liberally construed as long as you’re dealing with the subject in front of you.”
The challenge to Armstead’s ruling wound up being voted down 63-33, with Folk and fellow Republican Pat McGeehan joining Democrats as those who voted against the Speaker’s decision.
The House then swiftly voted in favor of the overall bill, which Gov. Jim Justice has described as a way to express thanks to those who have undertaken military service.
House Finance Chairman Eric Nelson urged his fellow delegates to vote in favor of the bill but offered some criticism, indicating his belief that some of the bills to be considered during the special session had been rushed.
Nelson described some of the bills on the special session call as “having been thrown up here,” adding, “we have not had time to do our due diligence.” He said that had contributed to a situation leading to the challenge.
Only one delegate, Republican Saira Blair, voted against the military pension bill. It’s expected to have about a $3 million effect on the state budget.
A little more than an hour later, the Senate passed the bill exemption military pensions from state income tax with no drama. It passed 33-0 with one absence.
Delegates also passed a bill making some changes to tax credits for rehabilitation of historic buildings and structures. The bill passed 91-3. The Senate later took it up and swiftly passed it, 33-0 with one absence.
And delegates passed a bill strengthening the West Virginia Jobs Act, which requires 75 percent of the workforce on a state-contracted construction job be from the local labor market. The bill is an outgrowth of the approval of a $1.6 billion road bond package in a statewide vote this month.
Judiciary Chairman John Shott said the bill “adds some teeth” to the current law.
The penalty had been $100 per day not in compliance — but it didn’t count the number of workers out of compliance.
“The teeth of this bill is that penalty has been increased to $250 a day per employee you’re short of hitting the goal,” Shott said. At the end of two weeks out of compliance, it grows to $500 a day per employee.
Contractors may ask for government-issued ID from employees to keep on file. Penalties assessed are to be used for further enforcement of the act.
That bill passed 94-1, with Delegate Marty Gearheart voting against it. It, too, moved on to the Senate, where it passed 33-0.
The Senate on Tuesday afternoon passed a bill implementing special hiring procedures for DOH and tax division. That’s another outcome of the road bond vote, with the governor saying more staffing is necessary to effectively keep an eye on all the highways work. The bill passed 33-1 with on absence and goes to the House.
Both the House and Senate on Monday passed a bill allowing certain tax information to be shared between the state Tax Department and designated employees of the state Division of Highways.
Each amended the other’s version of the bill, though, so it was bouncing back and forth to be reconciled.
The bill is one of a set of measures touted by Governor Justice to ensure proper handling of highways contracts and taxes coming out of statewide passage the road bond.